An assistance unit is ineligible for assistance if it can be shown that a member of the assistance unit transferred, sold, or assigned a resource for the purpose of making the assistance unit eligible for assistance. The lookback period for a transfer, sale, or assignment is three months prior to the date of the application for assistance. In determining intent, the department considers the following factors:

1. (1) The time period between the transfer, sale, or assignment of real or personal property and the time of the application for assistance; and

2. (2) Any information which would indicate that the transfer, sale, or assignment was made with the intent of making the assistance unit eligible for assistance.

   Any legal reservation retained by a member of the assistance unit in the transfer, sale, or assignment of real or personal property, such as life estates, interest payments, rental payments, or installment payments, is subject to the requirements of this chapter and the income requirements contained in chapter 67:10:03.

Source: 24 SDR 24, effective August 31, 1997.

General Authority: SDCL 28-7A-3(1)(3)(4).

Law Implemented: SDCL 28-7A-3(1)(3)(4).